A/HRC/16/46
23.
Environmental degradation has a particularly harsh impact on pastoralists and
fisher peoples. Governments should strictly enforce environmental protection laws in
regions where minorities live. Localized adaptation and mitigation strategies should
be put in place in cooperation with minority groups in response to climate change.
24.
Governments should review, with the full and effective participation of
minority groups, the extent to which minorities have equal access to land and security
of land and property rights. Land owned or occupied by minorities may be highly
valued for industrial growth or urban development because of its minerals, resources
or location. Development projects, including the construction of dams, may have a
negative impact on the use of land owned or occupied by minorities. This can create
significant threats to minorities who lack the political or legal means to challenge land
theft, forced displacement, involuntary resettlement or the harmful impact of
extractive industries.
25.
Strategies for improving security of land rights for minorities must be based on
the principle of free, prior and informed consent to actions that would have an impact
on the rights of minorities. Strategies can include a programme of land titling, review
and, where necessary, revisions of domestic laws on land tenure, and fair and
transparent resolution of land and property rights cases in domestic courts. Particular
attention should be paid to land and property rights of women belonging to
minorities, including equality in inheritance rights. Systems of shared or collective
land rights and customary land tenure and property rights should be recognized and
protected within the national legal system.
26.
Governments must provide adequate and equitable compensation options for
land and other forms of property, including full restitution and equity shares for land
acquisition, in consultation with affected minorities or their freely chosen
representatives. In cases in which minorities have lost land rights owing to theft or
deceit, forced displacement or eviction, measures should be taken to ensure that they
have the possibility to assert claims to these lands, or to gaining access to agreed upon
equivalent land elsewhere. In post-conflict or post-displacement situations, processes
for land and property restitution should be established and implemented.
27.
Persons belonging to minorities are often not able to obtain full and equal
access to social protections and security. Minorities are more likely to work in the
informal economy, where contributions to social security schemes are unlikely.
Governments should take steps to ensure that minorities are aware of their rights and
how to have access to them. Cash transfer schemes and related social protection
measures should be adapted to take account of vulnerabilities and risks due to
discrimination based on minority identity. Social security programmes should be
accessible to workers in the informal economy. Where access to social protection
measures are contingent on identity cards, special measures should be taken to
accommodate minorities who often face barriers to obtaining identity cards and birth
registration created by prejudice.
28.
Education is a key aspect of improving the economic participation of
minorities. Governments should ensure that persons belonging to minorities have
equal access to quality education leading to equal educational outcomes. Education
should comply with international standards on the right to education for minorities,
including mother-tongue education, curriculum reform, teacher training and
investment in educational facilities used by minorities. 2 Governments are encouraged
2
See A/HRC/FMI/2008/2.
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